Alok Kumar @ Monu Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68656 of 2023 Arising Out of PS. Case No.-91 Year-2022 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Alok Kumar @ Monu Mishra, Son Of Ranjay Kumar Choudhary Resident Of Village- Urdu Bazar, P.S.- Tatarpur, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 91 of 2022, lodged on 01.02.2022 under Section 392 of the Indian Penal Code.
3. As per the prosecution case, the FIR has been lodged against 3 unknown accused persons against whom allegation of committing robbery of Rs. 3,50,000/- from the informant who has visited IDBI Bank to deposit the said money.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He also submits that the petitioner has been remanded in this case when his bail bond was cancelled and he surrendered in another case.
Patna High Court CR. MISC. No.68656 of 2023(2) dt.19-10-2023 2/3 He submits that the petitioner is in custody since 06.07.2023 and there are 10 criminal cases pending against him in which he is on bail in all the said 10 cases. He further submits that the name of the petitioner has been figured in this case by virtue of confessional statement of co-accused Santosh Kumar Yadav to whom the co-ordinate Bench of this Court has granted bail vide order dated 14.10.2022 passed in Cr. Misc. No. 34612 of 2022.
5. Learned counsel for the petitioner also submits that 3 more persons were also arrested in this case and to all of them was granted bail by the co-ordinate Bench of this Court vide order dated 27.04.2023 passed in Cr. Misc. No. 2545 of 2023, order dated 21.07.2022 passed in Cr. Misc. No. 22568 of 2022 and order dated 16.12.2022 passed in Cr. Misc. No. 44320 of 2022.
6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is not clean.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.68656 of 2023(2) dt.19-10-2023 3/3 Bhagalpur in connection with Kotwali P.S. Case No. 91 of 2022, subject to the conditions as laid down U/s 437(3) Cr.P.C. as well as the following conditions:
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J.) Divyansh/- U T